itrends (Dave) vs Nationwide

[itrends]

Ah well, will see about account closures. Looks like they will both go as just got amystery deposit of £100 into the second account which I was NOT claiming on. lol

 

Ho hum, will wait for the rest in the other account

 

Dave

[itrends]

Ok, it wasnt 100... but so far

 

yesterday .. correction of £90

today... cash deposit of £140

 

This is still some way off the £700 plus that is being claimed.

 

You think it will arrive later today? Tomorrow, or is it time to fight more?

[redsue]

it will come in dribs and drabs... keep looking

[itrends]

Came home to find a letter from Nationwide.

 

"we have refunded £90 and credited £80 and dont think we should give you any more etc"

 

What step do I take now? Just let the court claim proceed with MCOL? DO I go and ask for judgement of some form? Send a letter?

 

Any advice much appreciated.

[itrends]

Ello?

[itrends]

Just checked money claim online, says that nationwide have filed a defence and i will be told which court this is at shortly.

 

What do i do now? They have paid only a small part of what they owe and now filed a defence. Getting a little worried

[redsue]

Just wait... Nationwide will have now have 28 days to reply to the court. Send them a letter thanking them for the partial payment but let them know you will be pursuing them for the rest of the money. Point them in them in the direction of your particulars of claim as to how you have arrived at the money the owe you.

[itrends]

Ok, so just say thanks, repeat all that was said before, and wait for something to happen. ok

 

Thank you thank you thank you

[illonavamp]

Good luck! will be watching, as I've just started to 'have a go' you have my support for one!

[itrends]

Got a letter today from northampton county court. Nationwide say they have paid £170 and that is all they should pay.

 

This is not the case as they owe well over £600 still.

 

Anyone happen to have some advice or a link to advice on how to use the form? What parts do I send back and how do I reply to say that they are essentially fibbing?

 

I find the form to be quite confusing and it says it has a time period so any help asap is far more than welcomed

 

Dave

[redsue]

Does the form have an official title or heading?

[itrends]

Ok the front form is N236 (Notice of defence that amount claimed has been paid)

 

and attached is N9B which is Nationwide disputing the claim amount.

[redsue]

I'm not at all qualified to help you at this stage - maybe PM a mod - or start a new thread in the general section with a link to this thread you maybe able to gain more advice

In the meantime however - take a look at

The defendant disputes all or part of my claim

[bathgatebuyer]

Is this a tactic that they Nationwide have started to employ? I believe they are substantially short on my claim, requested info on where they believe I have had previous refunds and they have put a penny into my account by correction! I think it is nearer £1000 I'm due! Just wonder if this is something they are doing consciously as another hoop for us to jump through.

[redsue]

I received a copy of their defence yesterday with an allocation questionnaire I'll post all the details in my thread when I get a minute

They have paid all the charges, plus the court fee plus 8% S.69 interest - they dispute paying my costs of £10 SAR fee plus £4 in postage and they dispute paying any contractual interest - right NW - let battle commence!!!

[itrends]

Well I posted back the form the other week saying that I will proceed with the claim as they are being stupid!

 

I assume I will get an allocation questionaire some time this week. sigh. And there I was hoping I would have the cash for xmas. They have already said they are going to close my accounts in about 2 weeks. Time to move bank.

[redsue]

itrends what does their defence actually say? if you don't want to post it up why not pm me

[itrends]

Dont have the paper work with me at the moment. Essentially they paid back the MCOL fees and 2 direct debit fees and said that was all they felt they owed. What they actually owe is around £700 so i sent the form back and a copy to Charles saying that I will proceed with the claim for the full amount.

[itrends]

Still not heard anything back sigh. Getting a little worried now. Thought I would have had a date from the court by this point.

[redsue]

If they are defending the claim they should have filed a defence - ring the court and ask them for a copy of this. Alternatively, you could ring NW anhd ask them to send you a copy in the post. You are entitled to see this. If your defence is the same as mine, relax its full of holes and actually contradict itself.

Get hold of a copy of the defence and post it up - or pm me with it

[itrends]

I now have a copy of the allocation questionnair form that needs to be filled in. God knows where I start on this one... time to think carefully, though any help will be appreciated

[itrends]

Anyone able to help with the AQ form I have to fill in?

[itrends]

Ok, been several days now. I have the form filled in but do not have any clue what to put in the "other information" box.

 

I have search these forums daily and can only find something that isnt quite related.

 

I have a few days left to get it back to them.

 

Is anyone able to help? I really don't want to fall down at the last hurdle over such a stupid thing

 

Dave

[itrends]

Ok. Allocation Questionnaire was sent back to the court a week or two ago. Not heard anything yet.

 

Emptied my accounts weeks ago.

 

Got a letter yesterday from Nationwide saying they have no closed the account and attached a cheque for 11p! I guess this must be outstanding interest?

 

Anywho, they have only closed one of my flex accounts, not the other one I am claiming on. Also, they have left my savings account open.

 

I am a little worried that although i have been claiming for both accounts, they have been ignoring one and will then play dumb in the coming weeks?

 

I have sent repeated copies of the charges sheet and letters to court and nationwide that clearly state both account numbers in bold together so there is no missing it. Thus far I have had no offer of settlement, no part payments on this remaining account etc though i got my lesser charges back from the second account which is now closed.

 

Any advice from anyone in the know or with similar experience would be very much appreciated.

 

Dave

[itrends]

Just had my court order through the post...

 

Estimated the hearing will take 10 mins

Parties encourages to settle by negotiation etc etc

 

Following Directions for Claim:

Disclousure of documents as follows..

 

Both parties shall give to each other standard disclousure by list

Any request for a copy shall be complied with

 

The original documents must be brought to the hearing

 

The judge may refuse documents etc

 

The documents to be sent to the parties and the court must include the statements of all witnesses

 

Witness statements must start with the name of the case and claim number, state the full name and address of witness, set out the witnesses evidence clearly in numbered paragraphs, end with the paragraph "I believe that the facts stated in this witness statement are true" and must be signed by the witness.

 

Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, caried, or stayed. A party wishing to make an application must send or deliver the application to the court (together with any fees) to arrive within seven days of service of this order.

 

----

 

The rest is pages of info on the small claims track.

 

Hope someone can help me with what to do next

 

Dave